Pre-Contract
Upon confirmation by the Public Art Committee, the Administrator will inform the artist of the invitation in writing, describing the nature of the project and explaining the project development process. The Administrator is the only person who can formally announce the commission or purchase of an artwork. In most cases, the Artist is given 30 days to accept or decline in writing, the offer to enter into contract negotiation. If the artist does not confirm within that time, a second letter will be sent by certified mail with a 30-day extension. If the artist does not respond to the second letter, the commission or purchase will be offered to the first alternate artist.
Once an artist has accepted the commission, the TPA staff will arrange for the artist to meet with the Core Review Group. This group includes appropriate City departments, the Project Designer, and community groups or other organizations where applicable. The artist will be provided with any plans and requirements and will be informed of limitations, concerns or issues raised by the Selection Panel or the PAC, such as engineering or other code requirements.
The TPA Administrator will work together with the City Attorney and the Purchasing Director to expedite the artists' contract. The Department and Project Designer will review the artist's scope of work.
Contracting with Artists
The City shall develop a standard form for contracting with artists. The scope of work, schedule and payment schedule shall be adapted for each project. The TPA Administrator together with the City Attorney and the Purchasing Director shall negotiate each contract. Final contracts must be approved by the Mayor and the City Council.
Artist Fees
Artists shall be paid for all creative work requested by the city. Artist fees are defined as the payment to the artist for professional services exclusive of other project costs such as materials and other labor, studio, overhead, travel and per diem expenses. The following factors are intended as guidelines for determining
the artist's fee:
- Scope of work and length of artist's involvement
- Project budget-fee ranges (usually based on a percentage of the total artwork budget)
- Artist's experience and professional standing
- Fee scale for similar scopes of work on comparable projects (See Appendix B for flexible scale recommendations)
Artist Agents
The TPA Program will deal directly with the artists, although artists may delegate some aspects of a project to her/his agent. Relationships and financial arrangements between artists and their agents, representatives and/or galleries must be undertaken by the artist alone. The payment of commissions or fees is the sole responsibility of the artist. TPA policy recommends that the total fee paid to the agent does not exceed 10% of the artist's fee, exclusive of implementation, fabrication and installation costs.
Contract Provisions
Payment Schedule: A method and schedule of payment to the artists shall be provided through the contract. The City will make interim payments to the artist as agreed upon. Payments shall be contingent upon a certificate of insurance, if necessary, and the approval of project progress. Final payment shall be made only after the final acceptance by the city.
Artist's scope of work: The artist's responsibilities with regard to the project and a general description of the artwork, and its location at the site. It is usually preferable to locate this information in on exhibit so that the base contract remains relatively unchanged.
Schedule: The design, fabrication and installation schedule according to an estimated timetable, the construction schedule, and the payment milestones are provided (possibly as an exhibit to the contract).
Requirements and approvals for artwork design: (as outlined in Design Development section below).
Fabrication and installation responsibilities and approvals: (as outlined in Fabrication section below).
Site preparation: The City's obligation to prepare the site is specified.
Transportation of the artwork
Construction delays and storage: Provisions for communication delays to the artist are conveyed along with provisions for storage of artwork when necessary prior to installation.
Use of Subcontractors: If the artist engages subcontractors or other trades to aid in the execution of the contract, the artist shall be responsible for the payment of such work done by these subcontractors and shall secure evidence of payment by waiver of lien by these subcontractors.
Insurance requirements: The artist shall not begin work until all required insurance has been obtained and approved by the City. Failure to furnish satisfactory evidence of insurance or lapse of coverage is grounds for termination of contract.
Artists Rights: After final acceptance of the artwork by the City, the following artists' rights shall be guaranteed:
- Maintenance of Public Artworks shall be the responsibility of the City and not the artist. The City shall make reasonable efforts to maintain the artwork in good repair. The city shall attempt to consult the artist on major repairs.
- The artwork shall not be altered, modified, removed, or relocated from a site integral to the concept for the work without first consulting with the artist, if reasonably possible. If a work, nevertheless, has been significantly altered, the artist shall have the right to disclaim authorship.
- Copyright of the artwork shall belong to the creator(s), but the City shall be granted in the contract the right to make two-dimensional reproductions for non-commercial purposes.
Ownership: The City shall request an archival copy of the drawings or plans that represent the artwork for future conservation of the work, or for public display and interpretation through the portable works collection. The City retains ownership of the accepted artwork.
Artist Warranties: artists contracted by the City shall assure the following warranties:
- The art is unique and original and does not infringe upon any copyrights. In the case of acquisition of artwork that is part of an edition, the City shall be apprised of the number of works in the edition and the number of the work to be acquired.
- The art, or original multiple, has not been accepted for sale elsewhere.
- Execution and fabrication of the art will be performed in a professional manner.
- The art as fabricated and installed by the artist will be free of defects in material and craftsmanship, including any defects or qualities causing or accelerating deterioration.
Maintenance/Repairs and Restoration: The City shall make reasonable efforts to maintain the artwork in good repair after final approval by the City. The City shall make every effort to consult with the artist on significant restoration and repairs that differ from those suggested in the artist's maintenance recommendation. The artist shall notify the City of any change of address.
Signage, Public Information, and Education: The city shall provide a plaque or sign adjacent to the artwork identifying the artist, the title, date, medium and reference to the City of Tampa's Public Art Collection. (see Public Information and Education herein)
Termination conditions: The artist's services may be terminated under the following conditions:
- By mutual consent of the parties.
- For the convenience of the City, provided that the city notifies the artist in writing of its intent to terminate, at least 30 days prior to the date of termination.
- For cause, by either party where the other party fails in any material way to perform its obligations under the contract. Termination for cause is subject to the condition that the terminating party notifies the other party of the intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within 30 days of receiving the notice.
In the event the contract is terminated, the City shall reimburse the artist for work performed and expenses incurred prior to the termination date.
Arbitration: In the event of a dispute between the artist and the City concerning the terms of the contractual agreement, the parties shall endeavor to arrive at a mutually acceptable solution. If they are unable to do so, either party may request that a mutually acceptable arbitrator familiar with artwork and construction settle the dispute. The cost of the arbitration process shall be borne equally. Any decision made as a result of such arbitration shall be binding and enforceable in a court of law pursuant to the Florida Arbitration Code.
Alteration, Removal, Relocation or Deaccession: The contract with the artist shall provide that the City, in it's sole discretion, may remove, relocate or deacquisition the work of art, however, prior consultation with the artist, if available, shall, as much as possible, be sought.
Design Development
Depending on the complexity of the artwork and the interface with the Capital Improvement Program Project there may be three phases of design. Smaller, more direct projects may require only two phases. Artists who are selected through proposals will have prepared the conceptual design as part of the proposal process.
Conceptual Design: After signing a contract, but before beginning design, the artist will meet with the Core Review Group and community groups as recommended. The Core Review Group is an ad-hoc working group consisting of a representative of the (Design and Sponsor) Departments, the architect and the TPA staff. TPA staff will facilitate these meetings. After meeting with community groups, the artist will begin to work on the conceptual design, or refine the design if selected through a proposal process. The conceptual design (which may include several alternatives) will be approved by the CRG and then presented to the Public Art Committee for approval.
Preliminary Design: Once the conceptual design is approved the artist shall proceed with preliminary design. The artist shall:
- Consider any changes requested by the CRG or the Public Art Committee, revise and refine the design
- Conduct necessary content or materials research to complete the design
- Prepare a final budget, including costs for fabrication, materials, labor, transportation, installation, insurance, artist fee, and contingencies as negotiated. (see Appendix B)
- Determine the fabrication and installation techniques and requirements
- Prepare a list of qualified consultants or fabricators (if the artist is not fabricating and installing the work her/himself).
The preliminary design will be approved by the CRG and then presented to the Public Art Committee for approval of significant changes that have been made.
Final Design: The artist shall prepare the documents required for the fabrication of the artwork and site preparation. Depending on the nature of the project, these documents may include working drawings, intermediate models, or life-size templates. The artist will provide the CRG with drawings for all aspects of the artwork and site preparation that are to be included in the construction bid documents and specifications.
The artist may be required to provide signed and stamped structural or electrical engineering drawings agreed to by the CRG, or to review the project with conservators, or other specialists. The CRG may require the artist to make revisions to comply with all applicable statues, ordinances, building codes, or regulations of any governmental regulatory agency having jurisdiction over the project. The CRG and the appropriate review/regulatory body shall approve such revisions.
In some cases, the artist will design elements of the facility that will be constructed under the general contractor. In these cases, the artist will be paid a design fee from the art budget and the elements will be fabricated and installed by the contractor with supervision by the artist.
Fabrication
Upon approval of final design, the CRG will confirm the fabrication schedule with the artist and instruct the artist to begin fabrication according to the schedule, and to inform the CRG of the agreed upon milestones and review points during fabrication. The artist will obtain three bids for fabrication and installation if applicable and will consult with the CRG prior to selecting a sub-contractor. For some projects the bid process may take place as part of final design. When possible, the CRG shall review the artwork during fabrication and shall approve the artwork if it is fabricated off-site prior to installation. If it is not possible to view the work in person, the artist shall provide photographic documentation.
Design Team Projects
Certain projects may require collaboration between the artist and the project architect, landscape architect or engineer. The following shall apply when this design team approach is used:
- The Design Department and the TPA Program will determine how the art funds and the base construction budget may be allocated toward the artwork.
- Artist's fees shall include design and supervision based on hourly rates with a cap that are commensurate with the other consultant designers involved with the project.
- The artist shall follow the procedures listed above under Design Development.
- The artist shall supervise aspects of the fabrication and installation that are under the general contract. This may include reviewing shop drawings with the architect and visiting the fabrication and installation sites.
- Design team projects shall follow the same post-installation & final acceptance procedures as outlined below.
Post Installation and Final Acceptance Procedures
The CRG shall inspect and approve the installation of the artwork.
The artist shall provide the TPA Program with the items listed below:
- Care and Maintenance Plan
- Catalog and maintenance information for the artwork.
The Public Art Committee will review the above-mentioned material for final acceptance of the artwork by the City.
The TPA Administrator will inform the artist in writing of the final acceptance by the City.
Public Information, Signage
The TPA Program will provide a plaque for the project and shall review the text with the artist. Together with the appropriate department and Mayor's Office, the TPA staff will, through a press release, dedication ceremony, or other means, announce the completion of the project. The completed work shall be added to the TPA web site and other public information materials. TPA may prepare postcards, brochures or other materials for the public. The artist may be requested to meet with press or critics, prepare a statement about the project for public distribution, and/or attend a dedication ceremony. However, the artist will not approach the press independently without the prior approval of the City.
Education
TPA staff and the artist will work together to plan an educational component to the project. This may include demonstrations, tours, open studio, exhibition of related work, exhibition of the proposal and process during the project development, a lecture or symposium, development of school or museum related education materials. Artist participation in these activities will be negotiated during the contract phase and covered by the artists' fee for the project.